Oral Answers to Questions

Lord Beith Excerpts

Tuesday 24th January 2012 Commons Chamber

[Mr Gauke]

The take-up has indeed been disappointing, but there have been 12,000 successful applications and we estimate that about 40,000 jobs have been supported in total. There are 17 participating businesses in the hon. Gentleman’s constituency. If I may correct him on one thing, the administration costs are not £12 million, but £325,000. As for extending the scheme further, we have to bear in mind the cost. We are concerned about that, even if the Opposition are not.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

T9. I thank the Chief Secretary to the Treasury for his help in securing the extension of the north-east enterprise zone into Northumberland, which could bring jobs to my constituents in south-east Northumberland. Will enhanced capital allowances be available within the extended area?

[Danny Alexander]

My right hon. Friend has worked assiduously on behalf of his constituents to ensure that the enterprise zone includes the port of Blyth and the land at East Sleekburn, which will enable private sector firms to come into the area blighted by the problems at Alcan. Capital allowances will of course be available within the enterprise zone, and that will certainly include this territory.

Northern Rock

Lord Beith Excerpts

Monday 21st November 2011 Commons Chamber

[Mr Hoban]

There is a good deal for the foundation. There was no obligation on Virgin Money to continue the deal beyond 2012, but it has agreed to extend it to 2013, and it wants to ensure that Virgin Money Giving works with the foundation to enable it to continue its work. One of the challenges for the hon. Gentleman and his colleagues from the north-east is to work with Virgin Money and to persuade it of the merits of continuing to fund the foundation.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

My constituents who have worked for Northern Rock, and people throughout the north-east who care about the new institution having its headquarters there, will be astonished at Labour’s opposition to the deal, as it is designed to give a future to a bank that failed on Labour’s watch, when guarantees were not worth the paper they were written on.

[Mr Hoban]

My right hon. Friend makes an important point. As someone who was born and brought up in the north-east, I understand how important Northern Rock is to the fabric of the region, and how important it is as an employer and as a sign of prosperity. That is why I was keen to ensure that we got a good deal, not only for the taxpayer but for Northern Rock and the north-east. I am disappointed that so few voices from the Labour Benches have spoken up in support of what is a good deal for Northern Rock and its employees.

Arch Cru Compensation Scheme

Lord Beith Excerpts

Wednesday 19th October 2011 Westminster Hall

[Tom Greatrex]

I agree wholeheartedly with my right hon. Friend. I hope to make a couple of remarks about that package in a few moments.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

May I return to the point that was made a moment ago? Does it not appear that the structure set up for Arch Cru was designed to ensure that the FSA did not notice what was going on, although the setting up of the structure should have been noticed by the FSA and picked up at an earlier stage?

[Tom Greatrex]

I thank the right hon. Gentleman for his intervention. When I spent some time with representatives of the FSA, they showed me a diagram of the structure of the fund and it was amazing to see quite how labyrinthine it was and is. The right hon. Gentleman is right to say that that is the root of part of the problems. At the same time, seeking to say, “Well, that’s the responsibility of the Guernsey regulator. That’s the responsibility of someone else,” does not deal with the central issue. That is the lesson for the future that we need to be conscious of.

--- Later in debate ---

[Alun Cairns]

The cautious-managed issue is a common theme throughout regarding the Arch Cru funds. Cautious managed, from my time in financial services, would be argued as an investment category that fits the majority of people across the United Kingdom. However, investigation shows that the Financial Services Authority does not regulate the risk classification of funds, which is assessed by the Investment Management Association. I find that staggering, considering that that is a fundamental element in the decision-making process of any investor. The IMA is merely an industry managers’ representative body. The FSA has told me that classification is not a regulated activity, so it does not have the powers to amend the classification of funds. However, the FSA needs to be reminded of its statutory objectives, specifically the one relating to maintaining market confidence.

The reality of the investment was that it was not cautious managed. The open-ended investment company invested in unconventional investments, as we have heard. Cell companies were formed and floated on the Guernsey stock exchange, investing in private equity and shipping loans, among other high-risk transactions. As that was a recognised exchange, it circumvented the FSA radar, although FSA rules banned such illiquid investments in open-ended funds. Therefore, it was no surprise that in March 2009, almost three years after they were launched, the funds were suspended.

However, the situation is not that simple. The FSA identified issues with the funds in October and November 2008, but the funds were permitted to continue to trade. It conducted an advanced risk responsive operating framework test at the time, which should have highlighted the issues, particularly pricing concerns. Yet, the funds were only suspended four months later.

Capita became the authorised corporate director, and had failed to act. It had responsibility for corporate governance and daily pricing, and control over the underlying assets. It initially denied having control of the underlying assets, but the auditors’ report from Ernst and Young showed that it held more than 75% of the shares. I suggest that Capita mispriced the funds before suspension due to its failure to exercise control to value the underlying assets accurately. There was a breach of the investment mandate and a pursuit of a reckless investment strategy by Capita’s designated fund manager.

Clearly, that negligence led to Capita’s £54 million compensation offer—70% of the value of the funds at the time of suspension, together with the remaining assets from the valuation on 31 March. That has been criticised as unlikely to hold up. Investors are being asked to accept an offer without knowing what they will receive, as that depends on the value secured on the sale of the remaining assets, which will take years. That is an obvious disparity and injustice.

The auditor was Moore Stephens. It surely should have identified the issues, but it has still yet to offer any form of explanation, let alone compensation. The Guernsey regulators also have some explaining to do and have to accept their part of the responsibility and liability.

[Sir Alan Beith]

Does my hon. Friend know whether the FSA consulted the Guernsey authorities or sought their assistance at any stage?

[Alun Cairns]

My right hon. Friend raises a good point. I have raised that issue with the FSA, which said that it was beyond its jurisdiction. However, to my mind, protecting UK investors is certainly its priority and should fall within its jurisdiction.

To date, there has been no explanation of the logic behind the £54 million offered, and the conditions are somewhat restrictive. Having recently met with the FSA, I know that the reasons behind the current delay concern third-party rights, which I understand. However, it has taken more than two and a half years from suspension to get to the current stage.

I have a constituent who invested several hundred thousand pounds of his retirement money into the funds, but there will be constituents of other hon. Members present who had invested far smaller sums, and which may be even more significant to them individually. A figure of 70% of the valuation at suspension is completely inappropriate, given that all that our constituents had done was to invest in a regulated, cautious-managed fund with a regulated, authorised corporate director and approved auditors. The delay conflicts with the timing of a possible legal challenge. Investors need to act soon to fall within the legal time frame set out by the courts.

In considering criticism of the FSA, it seems hardly just that, having failed in its responsibility to regulate, it has the responsibility to investigate and negotiate a compensation package for the people whom it failed in the first place.

Amendment of the Law

Lord Beith Excerpts

Wednesday 23rd March 2011 Commons Chamber

[Mr Jones]

The hon. Gentleman makes a very good point, but do the Conservatives care? No, I do not think they do. We saw that in the 1980s and early 1990s in the north-east of England. His constituents will face similar problems to constituents in the north-east, given the contraction of public sector jobs, which will have a direct impact on the private sector. Trying to attract business and growth to those areas will be very difficult, and I fear that we could have a two-speed Britain: a reasonably prosperous south-east of England, but stagnant or even declining regions, such as the north-east and Northern Ireland. Does the Conservative party care about that? No, I do not think it does.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

How does the hon. Gentleman deal with the fact that, even with Labour’s slower rate of deficit reduction, he could not have avoided a significant decrease in the number of public sector jobs to meet his party’s own projections of how it would reduce the deficit?

[Mr Jones]

I find that hard to stomach, coming from the right hon. Gentleman, because he is giving succour to the proposals before us, which could damage the north-east economy more severely than even those in Thatcher’s day. He is looking both ways, as a Liberal saying one thing in the region, and then coming here and supporting and voting for a Conservative Government who are putting the proposals forward. [Interruption.] I will tell him exactly why. What we would not have done is put forward his and his party’s ludicrous proposal to abolish the regional development agency, One North East.

The right hon. Gentleman now has to defend his ludicrous policy on local enterprise partnerships, which I shall come to later. He struggled to get re-elected this time; I doubt whether the voters of Berwick will re-elect him if he stands next time. It is important to remember that none of this could have happened without the Liberal Democrats blindly going along and supporting those savage cuts, which will have a terrible effect on a region I know he actually cares deeply about.

Another major aspect of the current economic situation is inflation. The Bank of England is stuck between a rock and hard place. Interest rates are as low as they can go, and quantitative easing is continuing, yet the inflation target is way above where it should be. It is difficult to know what the Bank will do.

We continue to hear, as we have heard several times this afternoon, that there is no alternative to this approach. I am sorry, but there is a definite alternative. We also hear that the fact that we are in this mess is all down to a Labour Government—that only Britain went through the recession in 2008, while the rest of the world did not, and that we got into the position we did only because of Labour’s reckless spending and financial management. I want to put some facts on the record. Conservative Members use a lot of rhetoric and soundbites; the famous one from the Prime Minister was that Labour did not mend the roof while the sun was shining. In fact, we did, because when we came to power in 1997, the level of debt was nearly 50% and we reduced it. I remember the tremendous debate within my party when we sold off the 3G licences. People said that we should use that money to fund public expenditure, but the then Chancellor took the very good decision to drive down the level of debt. That left us, going into the economic downturn, in the strong position of having the lowest debt, unemployment and inflation in the G7, and the highest investment from overseas.

Was it right to transform and invest in our public services over those 13 years? Yes, it was. They have been transformed in many parts of this country, certainly in my constituency. When I was first elected in 2001, the hospital in Chester-le-Street was in the old workhouse. We now have a brand-new hospital in Chester-le-street, as well as three others in the area. We have six or seven new primary care centres in County Durham. That is a direct result of public investment. When the economic crisis hit, did we have to respond to that by borrowing? Yes, we did. Was it the right thing to do? Yes, it was.

At the time of the crisis at Northern Rock, if we had followed what the Conservatives, including the current Chancellor of the Exchequer, wanted to do, which was basically to let it fold, we would have had a far worse situation, with a banking crisis that would have devastated not only Northern Rock but every other bank. The then Chancellor put in place a package to support banks, subsidise mortgages, cut VAT, fund apprenticeships, and give people money to buy new cars and stimulate the economy—and it worked. If people want to look for the evidence for that, there is the growth of the economy in the months prior to, and just after, the general election.

Contrast that with what we have now—a Government who do not have a growth strategy and are wedded to a strategy that they feel it would be politically weak to go away from, repeating time and again that there is no alternative. I ask Conservative Members to reflect on what they would have done at that time. Last weekend, the Chancellor said that we were in this financial state because of a decade of over-expenditure by the Labour party. Well, the Conservatives supported our spending targets right up until 2008, so they cannot have it both ways. I ask them to look at the facts rather than what central office spun during the election campaign, which, unfortunately, some of them are continuing to repeat.

Financial Assistance (Ireland)

Lord Beith Excerpts

Monday 22nd November 2010 Commons Chamber

[Mr Osborne]

What I am proposing is a bilateral loan to another sovereign nation as part of an international package. Of course, I am doing it to provide stability for the entire UK economy, including the economy of Sheffield. I believe the steps that we have taken in the past six months to move this country, with the highest budget deficit in the G20, out of the financial danger zone provides the platform for economic growth, as it does for the rest of the UK.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Does the Chancellor realise that our constituents were very angry indeed at having to bail out mismanaged British banks, and will be even angrier at having to bail out even more irresponsibly managed Irish banks? Will he not have to give a clearer picture of some of the consequences for the British economy if such action is not taken?

[Mr Osborne]

I make two observations. The first is that this is a loan to a sovereign nation state and, barring a really extraordinary turn of events, we would expect Ireland to pay us back. So we are making a loan to another sovereign nation that we fully expect to be paid back. The long history of international packages shows that the IMF and others get their money back in almost all circumstances. This is a loan that we can afford to make and which we will get back. Secondly, there is a broader observation about banking systems in Ireland, the UK and elsewhere. They became vastly over-leveraged and vastly over-borrowed and they were very badly regulated. The assurance that I can give my constituents and those of the right hon. Gentleman is that we are sorting out the regulation of the UK banks. We hope that the Irish Government are now dealing with the situation of the Irish banks. They were interconnected with the UK and made a lot of loans in the UK, and it is in the interests of us all that we sort out the Irish banks as well.

Equitable Life (Payments) Bill

Lord Beith Excerpts

Wednesday 10th November 2010 Commons Chamber

[Mr Hoban]

My hon. Friend makes an important point. There are two aspects to it. First, in respect of Equitable Life, the speed with which we have acted demonstrates our commitment to a resolution of the problem. The second is a forward-looking and prospective issue, which is why we have brought forward proposals to improve the regulation of retail financial services through the establishment of the new Consumer Protection and Markets Authority. That will be a boost to regulation and give confidence to savers that the market will be better regulated. It is important, and we have introduced measures recently, to ensure that if anything goes wrong, there is a proper process in place to tackle that.

I was commenting on the scheme appeals mechanism, which will be published before the scheme begins making payments and will be made available for parliamentary scrutiny. If a policyholder believes that the rules of the scheme have been incorrectly applied to their data, they will be able to raise a query with the delivery body, stating the nature of their concern. The query will be pursued by the delivery body.

If there is merit in the challenge and it is upheld, a recalculation will take place. If the challenge is not agreed by the delivery body, the policyholder will have the option of taking their case to the review panel. The review panel will consider the case in full and be able to make a fresh decision based on the facts of the case. It will be independent of the original decision-making process. If a complainant’s case is upheld, the review panel will ensure that a recalculation is carried out. If the complainant remains unhappy with the review panel’s decision, they will be able to challenge that decision in court by way of judicial review.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

My hon. Friend referred to cases in which the rules of the scheme might not have been correctly applied, but such are the complexities of Equitable Life policyholders—for example, a constituent of mine whose policies were additional voluntary contributions in a pension scheme which has been wound up—that someone might wish to argue that their particular type of case had not been envisaged in the way the rules were formulated, and that a specific decision needed to be made in that case. Will the scheme be wide enough to make that possible?

[Mr Hoban]

My right hon. Friend makes an important point. I would expect the payments commission to design a payments scheme that would be sufficiently comprehensive to ensure that all groups of policyholders were covered by it, so any appeal would be on the basis only of any data used to calculate the losses, rather than an appeal in principle against the design of the scheme. I will bear in mind the point that my right hon. Friend makes and encourage the commission, when it takes representations from people, to think as widely as possible about the different groups of policyholders that need to be taken into account.

--- Later in debate ---

[Mr Hoban]

I thank my right hon. Friend. When designing the scheme, we considered seriously how to ensure that policyholders would benefit as much as possible from the payments. If we had been less generous, we would have been accused of clawing back money through the back door, and that is an impression that we want to dispel.

[Sir Alan Beith]

I welcome that announcement, but there is a group of people who are affected in multiple ways: those who have funds in Equitable Life that are not yet in payment and who have been given transfer values substantially below what they believe the fund to be worth, even now. If they are waiting up to three years, and take the money out, accepting the transfer penalty, will they invalidate their entitlement under the scheme?

[Mr Hoban]

That is an important point. I am sure that a range of issues will emerge as we move through the scheme’s design to payment. People who have had Equitable Life policies throughout the period and bought them post-September 1992 will receive compensation even if they have exited from Equitable Life’s current arrangements. I hope that that provides clarification.

--- Later in debate ---

[Chris Leslie]

I completely accept that that is what it says in the detail of the ombudsman’s report, but it does not say that in the pledge that the hon. Gentleman signed. In an electoral context, he raised the hopes of many of his constituents. He may be able to face them and say, “Absolutely, I am fulfilling what I promised.” If he feels that and they are happy with it, they will re-elect him, and everybody will be happy and ride off into the sunset, but I have a feeling that some policyholders will continue to be discontented with the Government’s position. It certainly did not say, either in the manifestos or in the pledge that he signed, perhaps scribbled in a little addendum, “Oh, by the way, we are going to give you only a fraction of the £4.5 billion to £6 billion that you understand as the relative losses.” That is simply not there. I am not claiming, because I did not sign that pledge, to have raised those hopes, but Members on the Government Benches did.

[Sir Alan Beith]

Is it the hon. Gentleman’s position that he did not promise anything, he was not going to give anything, Chadwick was the maximum and he might as well vote against the Bill?

[Chris Leslie]

Liberal Democrats need to learn that people should not make promises they cannot keep. There is a suggestion that Liberal Democrats in particular have been growing used to making promises that they cannot keep, so the right hon. Gentleman should pause for a moment because his political arguments are haemorrhaging on a number of fronts. That is because some Members raised a series of aspirations before the election, making suggestions and promises, and there are some who will feel that he is now falling short of that. That is the only point that I seek to make. I am not claiming perfection for my behaviour, nor am I claiming in any way that I could fulfil all the hopes of the policyholders, but my point is that Members on the Government Benches did, and they should be hoist on their own petard for signing that EMAG pledge.

--- Later in debate ---

[Sir Alan Beith]

I must declare an interest in that I have a very small Equitable Life policy—so small that I do not think I will qualify for any repayment. My concern is for the large number of my constituents whose entire retirement is dependent on Equitable Life policies. The list of the people who write to me includes many of those who have contributed most to the community over the years: that is a striking feature of the names that I see in the correspondence. Many of them will still be angry at how little they are going to get for all the savings they put by.

The first thing to remember is that the primary responsibility for this situation rests with the utterly irresponsible management of Equitable Life. In many ways, that was a disgrace to the mutual movement. It underlines a weakness in the mutual movement, of which I am very supportive in general, which is that executives who want to advance their own careers favour the acquiring of new members at the expense of the interests of existing members. It happened at Equitable Life, it happened at Northern Rock, and it happens in building societies; it is something that the mutual movement has to watch very carefully.

The regulatory failure that occurred is the basis of the Bill, which I hope we shall give a Third Reading. That regulatory failure has not led to action within anything like the time scale that it should have done. A decade has gone by: people have got older and people have died while action should have been taken.

I very much welcome the action that the Government have taken, very quickly, within a short time of their coming into office. I welcome the further announcements that the Minister has made in saying that there will be no tax liability and no effect on tax credits, and that special considerable will be given to the social care situation, bearing in mind that quite a lot of Equitable Life policyholders are now in social care, either at home or in residential care, and their cases need to be considered very carefully. I am grateful to the ombudsman for the work that she has put into this matter, and for her persistence in doing so, and to EMAG, which has done such a tremendous job.

This is not full redress even for all the regulatory failure that occurred, and I would not expect policyholders to be satisfied that they have got all that they are morally entitled to. However, the fact that the Government have moved quickly to ensure that payments will be made makes me feel entirely justified in going into the Lobby in support of the Bill. I am rather depressed that the response of Labour Front Benchers has been to say to the Government, “You gave people the impression that they might get more, and even though you’re giving three times more than Labour would even have contemplated, we, the Labour party, did not promise anything at all.” We had to act, and I am grateful for the fact that Ministers are doing so.

PAYE Contributions

Lord Beith Excerpts

Wednesday 8th September 2010 Commons Chamber

[Mr Gauke]

I appreciate that the hon. Gentleman has consistently raised concerns about HMRC. In my view, we need to focus on moving forward. The fundamental problem is the PAYE system and the inability, over many years, to bring it into the 21st century. In my view, the days of Treasury Ministers throwing staplers around should be past. We need to work with HMRC constructively to ensure that we have an improvement in our tax system.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

While recognising that the Government had to deal with this inherited problem, will my hon. Friend give me an assurance that the Revenue will assist those who have a reasonable basis for showing that they provided the necessary information in good time and that they will not face obstruction or lack of information? Will he assure me that these efforts will not detract from the measures that need to be taken to deal with those who actively evade their taxes, unlike most of the people this problem will affect?

[Mr Gauke]

My right hon. Friend is right to raise those points. It is right that HMRC is sympathetic to those in genuine hardship, and that should not obscure the very important work that it does in tackling tax evasion.